Annoying Civic-mindedness or Credible Threat of Violence?

In the City of San Jose v. William Garbett, the Appellate Court upheld the City’s restrictions against Mr. Garbett, putting limitations on his access to the City Hall building and his movements within the council chambers.

The Court held that Mr. Garbett expressed a credible threat of violence toward city employees that was not constitutionally protected speech; that this conduct caused the city employees to experience fear; and created a likelihood of future harm.

The Garbett case establishes good law for public entities which seek to curtail repeat offenders or conduct that escalates or develops into what has been classified as more than merely annoying or unprotected speech.

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